1973-394
RESOLUTION NO.
73R-394
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIH FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE MAGNOLIA AVENUE & LA PALMA AVENUE STREET
AND STORM DRAIN IMPROVEMENT, IN THE CITY OF
ANAHEIM, WORK ORDER NOS. 650-B AND 660-B.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on the 28th day of December, 1972,
and the 4th day of January , 1973 , a notice inviting sealed
proposals for furnishing the following:
All plant, labor, services, materials and equipment, and
all utilities and transportation, including power, fuel
and water, and performing all work necessary to construct
and complete in a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings
therefor on file in the Office of the City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
The Magnolia Avenue & La Palma Avenue Street and storm
drain improvement, in the City of Anaheim, consisting
of clearing and grubbing; excavation; construction of
asphalt concrete over aggregate base or asphalt concrete
over native soil and variable thickness asphalt concrete;
construction of P.C.C. curb and gutter, curb, sidewalk,
cross gutters and spandrels, and driveway and alley
approaches; adjustment to grade of manholes, water
valve boxes and survey monument boxes; relocate chain
link fence; construction of a storm drain system includ-
ing 18" to 57" R.C.P., manholes, catch basins and other
appurtenances; relocation and modification of traffic
signal facilities; and all appurtenant work as more
particularly set forth in the plans and specifications
on file in the Office of the City Clerk or City Engineer,
Work Order Nos. 650-B and 660-B.. . .
in accordance with the designs, plans, prof~les and spec~f~ca-
tions prepared by the P l.c Wear n
and the notice inviting sea ed proposals, wh~ch sa~d notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 11th day of
Januar , 1973 , and which said notice did state and
declare t;at, pursuant to the provisions of secti~n 1770 of the
Labor Code, the City Council of the City of Anahe~m had ascer-
_ tained the prevailing rate of w~ges for each type of l~b~r needed
to execute said contract, and d1d state that the preva~l~ng ~ourly
wage scale so ascertained was on file in the Office of the c~ty
Clerk; and
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WHEREAS, on January 11 , 19 73 ,H the hour of
"2: 00 0 I clock P. M. , -ihe Cl ty Clerk and t.he C"H.y Englneer oi
the CIty of Anaheim dl"d open sa~d sealed proposals rece1ved up
to that tlmefor t"he furnishing of all plant , labor, serVlces.
materials and equlpment, and all utlllties and transportat 1 or, ,
including power, fuel and water, and performing all work neces.-
sary to construct and complete, "l.n a good and workmanlike manr..er.
in strIct accordance wlth the spec1flcations, plans and drawings
therefor on file 1.n the Office of the City Clerk of the Cl t"y of
Anaheim, the public ~mprovement herel.nabove more particul"lr' ~ y
described and set forth, in public, in the C:Lty CouncIl Chamber
in the City Hall, Anaheim, California, and the City Engl.neer d'1d
tabulate the result of said sealed proposals and dId make a
report to the City Council at its next - - - - regular
meetlng; and
WHEREAS, the C.lty Council of the City of Anaheim did,
at its next - - - - - - - regular meetlng, held on the 16th
day of January , 19 73, at the hour of 1:30 o'cJ.ock
P.M., consider the sealed proposals submitted for furnishing the
materials and performing the work hereinabove more particularly
described and set forth, and did thereupon find and determ.lne that
the sealed proposal submitted by BEBER CORPORATION, 16706 Con-
struction Way East, Irvine, Callfornla
for the construction, lnstallation and completion of sald Magnolia
Ave. & La Palma Ave. street and storm dra~ ;mp~~pmpnT in Thp ~ity
of Anaheim WDrk Order NOli. 650-B & 69g-B erelna ove m~ntloned
and descrlbed, was the lowest responsl Ie proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said _BEBER CORPORATION
for furnishlng all plant, labor,
servlces, materials and equipment and all utilities and transpor-
tation, including power; fuel and water, and performing all work
necessary to construct and complete, in a good and workmanlike
manner, in strIct accordance with the specifications, plans and
drawings, the said public improvement as specified in said notlce
inviting sealed proposals, and did authorize the Mayor and the
City Clerk of the City of Anaheim to execute a contract for and
on behalf of the City of Anaheim with BEBER CORPORATION
which sa1.d
19th day of
contract was duly made and entered lnto on the
January , 19~; and
WHEREAS, the said BEBER CORPORATION
has furnlshed all plant, labor,
serVlces, materlals and equipment and all utilities and trans-
portation, and performed all work necessary for the construction
and completion, in a.good and workmanlike manner, in strict
accordance with the specifications, plans and drawings of said
public improvement as specified in the notice inviting sealed
proposals and in the detailed designs, plans, drawings, and
specifications prepared by the Public Works Department
, and the contract made and entered into
wlth 1~ by the city of Anaheim; and
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WHEREAS, the Director of Public Works
has duly certified to the construction and completlon of sald
public improvement hereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said BEBEK CORPORATION
; and
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WHEREAS, the city Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in accordance with the provisions of the contract
and the contract documents, and that notice of completion should
be filed and payment of the balance due said contractor authorized
in accordance with the contract documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, services, materials
and equipment and all utilities and transportation, and the
performance of all work necessary to construct, install and com-
plete, in a good and workmanlike manner, in strict accordance
with the specifications, plans and drawings therefor on file in
the Office of the City Clerk of the City of Anaheim, together
with the appurtenances thereto, said public improvement herein-
above more particularly described and set forth, in the City of
Anaheim, by said contractor, be, and the same are hereby accepted,
subject, nevertheless, to all the terms, conditions and provisions
of the contract documents, and that the balance due said con-
tractor for said work be paid to it thirty-five (35) days
from and after final acceptance of said work as evidenced by the
adoption of this resolution, but not sooner than thirty (30) days
after the date of the filing of notice of completion, excepting
only such sum or sums as may lawfully be withheld in accordance
with the provisions of said contract and contract documents.
That acceptance by the contractor of said payments made in accord-
ance with said final estimate shall operate and shall pe a release
to the City of Anaheim, its officers, agents and employees from
all claims and liabilities due the contractor for anything done
or furnished or withheld or for anything relating to the work or
any act or neglect of the City, its officers, agents and em-
ployees, excepting only claims against the City for amounts with-
held by the city at the time of such payment.
AND BE IT FURTHER RESOLVED bbat the Mayor and the City
Clerk of the City of Anaheim be, and they are hereby authorized
to execute and file a notice of completion of said work as
required by law.
THE FOREGOING RESOLUTION is approved and signed by me
this 11th day of September, 19 73
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/(C::; -.. >..)L.:-k:: ~~:/'-'-
THE CITY OF ANAHEIM
ATTEST:
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THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-394 was
passed and adopted at a regular meeting of the City Council held
on the 11th day of September , 19 73, by the following
vote of the members thereof: ---
AYES: COUNCILMEN: Stephenson, Sneegas, Thom, Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Pebley
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 11th day of
September , 19 ~
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 11th day of
September , 19 73 .
LL- ')x. ~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
73R-394 duly passed and adopted by the Anaheim City Council on
September 11, 1973.
J)~, hi ~
City Clerk
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